The California Pilots Association is nonprofit, public benefit California Corporation. The mission of its members is to preserve and enhance safe and efficient public airports. To that end this Honorable Court is requested to review the decision of Second District Court of Appeal Case No. S176230. If allowed to stand the decision would set the stage for serious degradation of the state’s and nation’s transportation system.

2. Public Airports are an Important Element of California’s Transportation System

In addition to thirty one commercial airline airports California is home to two hundred and nineteen smaller public airports that are a vital part of California’s Airport System Plan. Many of these smaller airports are designated by the Federal Aviation Administration as reliever airports to enhance safety and efficiency of busy commercial airline airports. As such they qualify for federal funding to maintain safe and efficient runways and taxiways as part of the nation’s transportation system.

3. Economic Value of California’s Airports

Value of the airports is illustrated by results of an economic study conducted in 2003 by the Department of Transportation’s Aeronautics Division. Excerpts of the study highlights include:

Aviation contributes nearly 9% of both the total state employment (1.7 million jobs) and total output ($110.7 billion);

Aviation generates $250.2 million in annual tax revenue for California;

(1) It is in the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems.

(2) It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

This policy statement is clear and unambiguous. Protecting the public from safety hazards and noise problems is of the essence. Tothat end, maintaining safe and compatible uses of land surrounding airports is imperative. A central goal of the State Aeronautics Act is"to discourage incompatible land uses near existing airports." (Pub. Util. Code § 21674.7, subd. (b).) The State Aeronautics Act implementsthese important statewide goals through its provisions to ensure that development is consistent with the requirements of a local airport landuse plan. ( Pub. Util. Code § 21676, subd. (b).

5. Enforcement Litigation

Consistent with state policy, the California Pilots Association, AKA California Aviation Council, has taken legal action to require implementation of airport compatibility law at Chico, Napa, Jackson, Tulare, Los Banos, Brawley, Bakersfield and others. The Court of Appeal’s holding in this case, however, would undermine the California Pilots Association in its efforts to implement state policy of maintaining safety and welfare of persons living and working near airports.

6. Basic Safety Compatibility Qualities

All planning agencies in California including those in San Luis Obispo County have access to the Airport Land Use Planning Handbook. This highly acclaimed publication by the Department of Transportation Aeronautics Division provides clear guidance for airport land use compatibility.